Transforming lives of Women within a Plural Marriage: An attempt to Restrict Polygamy In India and critical analysis of gender-neutral laws

Constitutional Law and Gender Justice

The call for a more gender-sensitive legal framework arises from the pressing need to address the complex realities faced by women affected by polygamy in India and other societies where such practices persist. While existing legal mechanisms—such as personal laws and judicial pronouncements have sought to regulate or restrict polygamy, they often fall short of addressing the deeper structural inequalities and gender-based vulnerabilities it perpetuates. Merely restricting or criminalizing polygamy without providing adequate social, economic, and psychological support to women already in such marriages can result in further marginalization and hardship. Therefore, legal reform must move beyond prohibition toward a comprehensive approach that ensures protection, empowerment, and rehabilitation of affected women. A gender-sensitive framework must encompass not only legislative intervention but also administrative and policy measures aimed at restoring women’s autonomy and dignity. This includes access to property and maintenance rights, rehabilitation schemes, legal aid, and awareness programs that inform women of their rights and available remedies. Furthermore, judicial interpretations must evolve to reflect the principles of substantive equality rather than formal neutrality, ensuring that the law responds to the lived experiences of women rather than abstract notions of fairness. Comparative legal studies from countries that have successfully restricted or reformed polygamous practices—such as Tunisia, Turkey, and Indonesia can provide valuable insights into crafting contextually relevant solutions in India. The goal should not only be to eliminate the practice but also to create social conditions that empower women economically and psychologically to resist or leave polygamous arrangements without fear of destitution or stigma. Ultimately, the envisioned reform should be holistic and inclusive, integrating gender justice with social welfare. By centering women’s dignity, autonomy, and human rights, the law can become an instrument of genuine empowerment rather than mere regulation.

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